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(영문) 서울중앙지방법원 2020.10.13 2019가단5310958
배당이의
Text

1. Of the distribution schedule prepared on December 19, 2019 by the same court with respect to the real estate auction case B by the Seoul Central District Court.

Reasons

1. Facts of recognition;

A. On November 9, 2017, the Plaintiff entered into a credit guarantee agreement with D Co., Ltd. (hereinafter “D”) and subrogated for the debt obligations of D financial institutions on December 28, 2018 under the agreement, thereby holding the claim for reimbursement against E, which is a joint and several surety of D.

B. On October 8, 2018, E created and rendered the instant right to collateral security (hereinafter “instant right to collateral security”) of KRW 50,000,000 with respect to the real estate owned by the Defendant (Seoul F building G, hereinafter “the instant real estate”) to the Defendant.

C. On December 10, 2018, the auction procedure (Seoul Central District Court B; hereinafter “instant auction procedure”) began with respect to the instant real estate. On December 19, 2019, the auction court drafted a distribution schedule (hereinafter “instant distribution schedule”) stating that the Defendant would distribute KRW 141,178,187 to the fourth (the mortgagee) based on the instant collateral security to the Defendant on December 19, 2019.

On November 13, 2018, prior to the commencement of the instant auction procedure, the Plaintiff: (a) obtained a provisional attachment order of KRW 864,00,000,000 for the claimed amount as the debtor; and (b) completed the registration, but did not receive any distribution at all in the order of priority than the Defendant.

The Plaintiff appeared on the date of distribution on December 19, 2019, and stated an objection to the full amount of KRW 141,178,187 of the Defendant’s dividends, and filed a lawsuit of demurrer against distribution on December 23, 2019.

According to the record of the date of distribution (Evidence A8), the plaintiff, C, and H among the creditors of E, the debtor and owner, stated an objection against the defendant's dividends.

Among these, the Plaintiff filed a lawsuit of demurrer against the distribution, and C separately filed a lawsuit of demurrer against the distribution (Seoul Central District Court 2019Da58965) and pending the lawsuit.

1. E shall pay to the Plaintiff 876,643,655 won and 871,796,025 won with 10% interest per annum from December 28, 2018 to June 8, 2019, and 12% interest per annum from the following day to the day of full payment.

2. Between E and A (the Defendant of this case).

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